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DAVIS v. BOWEN

No. 86-1138.

825 F.2d 799 (1987)

Edward Collins DAVIS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services; Robert W. Goodman, Administrative Law Judge, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 13, 1987.

Attorney(s) appearing for the Case

Edwin Pate Bailey, Student Counsel (Barry Nakell, School of Law, University of North Carolina, on brief), for plaintiff-appellant.

Clifford Carson Marshall, Jr., Asst. U.S. Atty. (Charles R. Brewer, U.S. Atty., on brief), for defendant-appellee.

Before WIDENER, PHILLIPS, and WILKINS, Circuit Judges.

WILKINS, Circuit Judge:

Edward Collins Davis, an incarcerated felon, appeals the district court's dismissal of an action challenging suspension of his social security retirement benefits. He argues that 42 U.S.C.A. § 402(x) (West Supp.1987), which mandates the suspension of benefits, is a violation of the due process and equal protection guarantees of the fifth amendment. We find no constitutional violation and affirm.

I.

Davis has been imprisoned...

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